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Tina, Lawyer
Category: Employment Law
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Experience:  JD, BBA, recognized by ABA for excellence.
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I have a question about my legal rights in Georgia after

Customer Question

I have a question about my legal rights in Georgia after being terminated by an employer who practices selective policy enforcement, questionable handling of termination and post termination...the list goes on - lol
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this. What exactly can I answer for you in regards ***** ***** situation?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Okay, here goes. My previous employer uses a progressive disciplinary process based on occurrences. I was employed with them for 4 years. In 2013 I had 5 unscheduled absences (less than 24 hours notice) which put me into a "Warning" disciplinary action. The last of these was in November of 2013. On my write up it stated that the follow-up date for this action would be 01.01.2014. That did not happen. On multiple occasions I asked of my Supervisor and Director what I should do, given my situation if I should need to call in. I was never given any guidence.
*Just a side note I was a 3rd shift employee in the Emergency Department of the local hospital.
In July of 2014, 8 months later, I again had to call in for an unscheduled absence. This put me in a "Final warning prior to termination" - follow up date set for 07/21/2015.Follow-up actions on write up state the following "Employee has been informed she must come to work when scheduled if at all possible and that she must make arrangements with management 24 hours or more if at all possible."
Fast forward 10 months to May of 2015, still in a disciplinary action, still never provided with options if the situation arouse that required me to call in. 57 days before I would have been removed from disciplinary action and 1 year since my last unscheduled absence I need to call in due to illness. The next day I am notified by phone that I am suspended until it is determined if I will be terminated or not. On June 1st, 2015 - 1 week after my suspension I am terminated for "Poor Attendance"
Now, let me provide some additional information. The week prior to my dismissal our Director stepped down from her position - basically after 4 years of mismanaging our department. Certain employees during her tenure were offered alternate days to work in order to not recieve "occurances" - this was not offered to me. It was also something that HR was aware of since other employees had complained of this and ultimately had their write up of the same nature overturned. It also happened to be a time where a section of our department was closed down due to low census and that 3rd shift employee moved into our area. That employee had the same job title as myself, however I had been in the position longer. Recent word from a consulting firm hired by the hospital was that our department was grossly overstaffed.At the time of my termination I was also employed by a company that processed the medical record requests for the hospital. This was an onsight position but with an outsourced company. I had been employed with this company for 3 years. The hospital was aware of this as they had to approve my hiring. Because I was made ineligible for rehire by the hospital itself, by policy the outsourced company could not have me onsight. Thus, I have now lost 2 jobs.
I was given paperwork by HR staff to complete if I wanted to request a review of my discharge by way of a hearing. I opted to do so and was required to turn this request in within 3 days. I also requested a copay of my personell file, which I was provided. No performance writeups, multiple certifications received during my employment, pay increased over $3 per hour in my 4 years of employment.
A month goes by and I hear nothing in regards ***** ***** hearing. I am also denied unemployment. At the end of July 2015 I visit HR in person to inquire about my discharge review. The HR Director seems confused as to why it had not been scheduled and after she pulls in the employee relations manager to verify the status - calls are made to secretaries and I am assured it will be scheduled promtly and that this sort of delay is not common. I spend another 45 with the HR Director discussing my confusion about my termination, when phrases like "case by case basis" and "if at all possible" are thrown around coupled with my cleat attempt to comply with the terms of my write up despite being given no direction if an instance were to present unexpectedly. I shared with her that my definition of Poor Attendence would not have been what amounted to 3 absences in the last 18 months, and why I was made ineligible for rehire. She seemed genuinely concerned and gave me her word she would speak with those involved to make sure everything was handled properly. She took down my number and said she would get back to me by the end of the week. A week goes by, no contact. I call on 3 seperate occasions, leaving voicemails to no avail.
We now come to November, nearly 6 months after my termination. I finally email the VP of HR with my concerns. This was on a Tuesday. On Saturday I get a response from him stating that he will have resolution for me soon. On Sunday the HR Director emails me and cc's the VP admitting she dropped the ball. She stated until my email contact she had no way of contacting me since she lost my number. On 11/13 I got my hearing, the outcome - I was made eligible for rehire and free to reapply for any position I'd like.
Customer: replied 1 year ago.
I apologize for all the detail, but I feel it is needed to grasp the big picture
Expert:  Ely replied 1 year ago.

I am going to opt out of your question and open this up for other experts.

Your JustAnswer Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS (text message) unless you actively disable these features.

There is no need for you to reply at this time as this will "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and good luck...

Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a GA licensed attorney.

This seems like a very crucial matter for you, however based on the voluminous facts and issues you bring to the table here, your questions and issues suggest that an in-depth conversation would best suit your needs, as well as my ability to assist you. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread.

Because of the complexity of your facts and allegations, I am not prepared to handle all your issues in this question thread, but I will gladly opt out if you are not interested in a phone call and allow another pro to assist you if they can.

Thanks in advance,


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